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Title 38 — Veterans’ Benefits

Part IV · Chapter 55 — Minors, Incompetents, and Other Wards

§ 5508. Periodic onsite reviews of institutional fiduciaries

Statutory text

In addition to such other reviews of fiduciaries as the Secretary may otherwise conduct, the Secretary shall provide for the periodic onsite review of any person or agency located in the United States that receives the benefits payable under laws administered by the Secretary to another individual pursuant to the appointment of such person or agency as a fiduciary under section 5502(a)(1) of this title in any case in which the fiduciary is serving in that capacity with respect to more than 20 beneficiaries and the total annual amount of such benefits exceeds $50,000, as adjusted pursuant to section 5312 of this title.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Veterans Benefits Improvement Act of 2004

    Pub. L. 108–454 title V § 504(a)(1) · 118 Stat. 3598

    Enacted · 38 U.S.C. § 5508

    (Added Pub. L. 108–454, title V, § 504(a)(1), Dec. 10, 2004, 118 Stat. 3620.)

    Source evidence

    Code source credit
    (Added Pub. L. 108–454, title V, § 504(a)(1), Dec. 10, 2004, 118 Stat. 3620.)

    Enacted provision · exact public law section
    (1) Chapter 55, as amended by section 502(a), is further amended by adding at the end the following new sections: “§ 5508. Periodic onsite reviews of institutional fiduciaries   “In addition to such other reviews of fiduciaries as the Secretary may otherwise conduct, the Secretary shall provide for the periodic onsite review of any person or agency located in the United States that receives the benefits payable under laws administered by the Secretary to another individual pursuant to the appointment of such person or agency as a fiduciary under section 5502(a)(1) of this title in any case in which the fiduciary is serving in that capacity with respect to more than 20 beneficiaries and the total annual amount of such benefits exceeds $50,000, as adjusted pursuant to section 5312 of this title. “§ 5509. Authority to require fiduciary to receive payments at regional offices of the Department when failing to provide required accounting “(a) Required Reports and Accountings.— The Secretary may require a fiduciary to file a report or accounting pursuant to regulations prescribed by the Secretary. “(b) Actions Upon Failure To File.— In any case in which a fiduciary fails to submit a report or accounting required by the Secretary under subsection (a), the Secretary may, after furnishing notice to such fiduciary and the beneficiary entitled to such payment of benefits, require that such fiduciary appear in person at a regional office of the Department serving the area in which the beneficiary resides in order to receive such payments.” .

1 of 1 references resolved to an enrolled provision

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on the first day of the seventh month beginning after , see section 507(a) of Pub. L. 108–454, set out as an Effective Date of 2004 Amendment note under section 5312 of this title.

Credits

(Added Pub. L. 108–454, title V, § 504(a)(1), , 118 Stat. 3620.)

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